Legal Opinion

Mayes v. State

Mississippi Supreme Court

Decided October 15, 1886PublishedCited by 18 opinions

Appeal from the Circuit Court of La Fayette County. Hon. W. S. Featheeston, Judge. The case is stated in the opinion of the court. The testimony of Henry Wortham should not have been admitted as part of res gestee, because from his own statement it appears that the alleged conversation was some five minutes after the difficulty occurred, some distance-away from the place, and after he (deceased) had been engaged in conversation with others.

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Appeal from the Circuit Court of La Fayette County. Hon. W. S. Featheeston, Judge. The case is stated in the opinion of the court. The testimony of Henry Wortham should not have been admitted as part of res gestee, because from his own statement it appears that the alleged conversation was some five minutes after the difficulty occurred, some distance-away from the place, and after he (deceased) had been engaged in conversation with others. T. M. Miller, Attorney General, for the State. In answer to the assignment of error touching the testimony of Wortham, it will be sufficient to call…

1Opinion of the CourtCoopeb, C. J.

The appellant has been convicted of the murder of one Albert Lester, and assigns many errors in the proceedings in the court below. We deem it unnecessary to consider the many assignments, many of which are without the semblance of merit, since the judgment must be reversed on the point hereinafter indicated.

The homicide occurred at a social meeting, which had been protracted through the night, during which time many of those present had indulged in the excessive úse of intoxicating liquor, a number of fights resulted, and among these was one between the deceased *331and one Kirkwood. According…

2Cases cited3 opinions

  1. People v. VernonCalifornia Supreme Court · 1868
  2. People v. Ah LeeCalifornia Supreme Court · 1882
  3. Kendrick v. StateMississippi Supreme Court · 1877

3Cited by18 opinions

  1. Missouri Pacific Railway Co. v. BaierNebraska Supreme Court · 1893
  2. Ohio & Mississippi Railway Co. v. SteinIndiana Supreme Court · 1892
  3. New York Life Ins. Co. v. SchlatterCourt of Appeals for the Fifth Circuit · 1953
  4. Murray v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
  5. State v. YoungWest Virginia Supreme Court · 1980

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